Commercial Litigation
& Dispute Resolution

Ballantyne Law provides commercial litigation and dispute resolution services.  When you’re facing complex legal challenges, you’ll gain confidential and effective help at our Gold Coast commercial law firm. Commercial issues and disputes arise for any number of reasons. Count on our expertise for help when you’re after either a swift resolution or vigorous defence for your case.

Commercial Dispute Resolution
Swift dispute resolution

In some cases, quick resolution is imperative. We understand this. Our commercial law team has the energy and expertise to resolve disputes promptly.

Complex litigation expertise

When litigation is unavoidable or is already in progress, you need a team that has a deep understanding of complex legal issues. You’ll find this at Ballantyne Law.  Our lawyers have successfully represented both plaintiffs and defendants in a wide range of commercial disputes, including:

  • Building & construction disputes
  • Commercial leasing disputes
  • Company disputes
  • Compulsory acquisition of land
  • Contract disputes
  • Debt recovery
  • Employment disputes (employer and employee)
  • Estate disputes (including estate claims)
  • Family law disputes
  • Franchise disputes
  • General commercial disputes
  • Insolvency
  • Intellectual property disputes
  • Partnership disputes
  • Professional negligence
  • Property disputes
  • Shareholder disputes
  • Taxation disputes
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Early legal advice

In the context of a commercial dispute, clear and detailed legal correspondence can make all the difference. Whether you are the prosecuting party or allegations have been made against you, early legal advice often prevents disputes from escalating further.

Protecting ongoing relationships

Commercial disputes often involve ongoing business relationships, such as those between franchisees and franchisors. Our approach in such cases, is to vigorously defend your position while taking the best precautions to preserve the commercial relationship.
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Ballantyne Law's strategic approach

We provide you with comprehensive advice, so you understand the merits of your case. It’s imperative that your position has been clearly articulated to you prior to formal court proceedings being initiated. We correspond and negotiate with the opposing party to make sure your position is framed correctly.

Exploring alternative dispute resolution

Before a trial commences, we explore mediation extensively as a valuable tool in resolving disputes. Additionally, to motivate the other party to settle, we employ alternative dispute resolution (ADR) methods and strategies, such as “Calderbank” offers and “offers of compromise.”
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The role of mediation

Before a trial or final hearing, formal mediation is compulsory. This allows each party to articulate the issues of a case properly. It also provides a genuine opportunity to reach a satisfactory resolution. Mediation before trial is crucial. By this time, both parties should have had access to extensive legal advice. Also, the strengths and weaknesses of each side’s case would typically have become evident. Many cases resolve at this stage, but if an agreement cannot be reached, the matter proceeds to trial.

Navigating court-based litigation

Going to trial or a hearing can be daunting and expensive. Even during a trial or hearing, a resolution can be negotiated. Courts and tribunals are essential and, to enforce their rights or positions, parties may need to go to court.   If you’ve been served with a claim or writ, immediate action is crucial. Our experienced litigation lawyers can prepare the necessary court documents, gather evidence, engage barristers, and ensure your legal position is solid from the outset.  Careful consideration is given to claims and counterclaims, as amending these later on or attempting to change jurisdiction can be costly and detrimental.
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Considering your legal case

When it comes to the preparation and strategising for legal cases, the litigation lawyers at Ballantyne Law have extensive experience. Their in-depth knowledge of the rules and timeframes at various courts can positively impact your case.  They can explain what would constitute a favourable settlement and provide a realistic assessment of your chances of success. In addition to our well informed lawyers, you’ll have the support of a team of legal professionals dedicated to presenting your case in the best possible light.

Contact us asap

If you are facing a commercial dispute and need to take control of your legal situation, don’t hesitate. Our commercial litigation and dispute resolution team is ready to help. Contact us at 07 5606 7332 for an obligation-free consultation. Alternatively, you can use our contact form. We will respond promptly to discuss your specific situation.
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FAQs
Frequently asked questions

A letter of demand or a cease-and-desist letter often leads to litigation. If you receive a letter or demand, do not ignore it. Get proper legal advice quickly to preserve your position. 

Your response needs serious consideration. Ignoring a letter from a lawyer can seem like the easy way out. However, if you ignore such a letter, you can find more court documents are then served, or your exposure may increase.

Without legal advice, you may be unsure if the claim is baseless or if it is legitimate. If the claim is legitimate and you have exposure, you should seek to limit your exposure and resolve the dispute to prevent further claims of damages.

Often the asserted breach in a letter of demand is inaccurate or the damages sought are excessive or unjustified. Each set of circumstances is different. Having a litigation lawyer to help you draft a defence and help reduce your exposure is the best course of action you can take. 

We have helped many of our clients respond to claims and letters of demand with favourable outcomes.

A statement of claim is a legal document that sets out the grounds of why legal action is being pursued, along with details of the claim. The statement of claim initiates formal legal proceedings.
The information and relevant details as to why the court action is being commenced are called pleadings and particulars. Pleadings are the details relevant to the dispute and the basis of the claim against the other party.

If you have received a Statement of Claim, you are the defendant or respondent. You have a limited time frame to respond. If you do not respond, the plaintiff/applicant will be able to obtain judgment against you and may seek damages from the court.
You should obtain legal advice from a qualified and experienced commercial litigation lawyer as quickly as possible. They will analyse the claim and assist you in responding to each element.

Sometimes this involves making a counter-claim against the plaintiff. Their claim will outline their version of events and you have a chance to respond.

Your lawyer will be able to provide an opinion on your case and the likelihood of success. This can determine how you wish to proceed. A lawyer may also engage a barrister for their opinion, drawing on their extensive case knowledge for more detailed aspects of the legislation.

If the matter is not settled at this stage, early in the proceeding, and certainly prior to trial, you will need to attend mediation. This is another opportunity to negotiate and settle the dispute before it goes to court.

Most disputes settle at mediation. If a dispute proceeds to court, it will be heard before a judge to determine an outcome.

A party may consider an appeal a judge’s decision if they are not satisfied with the outcome and points of appeal can be pursued. Being unsatisfied with the result does not give the right to appeal: there must be legal grounds. The grounds for an appeal must be carefully considered.

GET IN TOUCH
Let's talk about your business
PHONE:

07 5606 7332

EMAIL:

[email protected]

GOLD COAST:

45 Nerang St, Southport

BRISBANE:

18/324 Queen Street